VINOD PRASAD, J. - (1.)THE two appellants herein Tufani (A-1) and Ram Krishan Pandey (A-2), both accused of Crime No.456 of 1979, Police Station Kotwali, District Deoria, were tried by 4th Additional Sessions Judge, Deoria in S.T. No.372 of 1981, State Vs. Tufani and another and were convicted and sentenced by the learned trial Judge. Whereas (A-1) was convicted u/s 148, 323, 324, 307 and 302/149 I.P.C. and was sentenced to one year R.I. on the first count, three months R.I. on the second count, one year R.I. on the third count, three months R.I. on the fourth count and life imprisonment on the last count, Ram Krishan Pandey (A-2) was convicted u/s 147, 323/149, 324, 149, 323/149, 324/149, 307, 149, 302/149 I.P.C. For the first offence he was sentenced to six months R.I., for the second crime three months R.I., for the third offence one year R.I., for the fourth offence three months R.I. and for the last crime imprisonment for life, vide impugned judgement and order dated 24.8.1982. Questioned in this appeal by the two appellants are to their aforesaid conviction and sentence.
(2.)PENDENTE lite final outcome of their appeals, Ram Krishan Pandey (A-2) expired and consequently his appeal was abated on 4.12.07.Appeal of sole surviving appellant Tufani (A-1), remains to be decided by us and we hereby proceed to do the same.
Prosecution story against the appellant was narrated in the written F.I.R., Exhibit Ka-1, which was elaborately divulged by the informant Bihagar P.W. 2, in the Sessions Trial. Perusal of both the above evidences, revealed that Vishwanath, (deceased No.1) and his real sibling brother Chandra Deo were originally a resident of village Sighai, which was one and a half miles away from village Chandauli under police Circle Kotwali, district Deoria but later on they shifted their residential abodes and came to reside in village Chandauli. Vishwanath (deceased No.1) had two sons Bihagar (informant) and Shiv Narain (deceased no.2). Families of the Vishwanath and Shiv Narain had a common abode. Dhanpali(injured) is the sister of the informant and daughter of deceased no.1 and her husband Sudarshan,is one of the injured in the present incident. Tijiya is the mother of the informant and wife of deceased No. 1. Appellant (A-2) was a co villager of the informant being resident of same village Chandauli whereas (A-1) is a resident of village Aktaha. Houses of the deceased and Ram Krishan Pandey (A-2) were adjoining having a common boundary wall towards west of the village population (abadi) at a lonely place. Main door of the house of the informant was towards east and north of it was a passage, which ran through east and west and further north of this passage was the agricultural field of Ram Krishan Pandey (A-2). After the east west passage there were agricultural fields. Towards east of informant's house was a concrete road. South of the house of the informant was his cattle shed and thereafter there is a narrow lane. Being neighbours (A-2) used to engage informant and his family members as labourers but he never paid them their labour charges.

(3.)WITH an idea of uproot deceased families and grab their entire property that appellant (A-2) had instituted a criminal case against Shiv Narain (deceased No.2), and Chandra Deo, a year ago in which case they were acquitted two months prior to the present occurrence. Previous evening of the present incident at 6 p.m. (A-2) had visited informant and the deceased at their house and had threatened them to shoot them down and had also accosted deceased No.1 that he will set him right, for the reason that later (informant and his family members) had refused to plant his sugar cane crops by remonstrating (A-2) that he had implicated them in a false case. (A-1) was a friend of (A-2) and used to visit his house of and on and that is how he was known to the informant and his family members, who had no personal grudge or animosity with him.